Markovitz Law Office

03/15/2024

https://www.cbc.ca/news/canada/north/man-accused-killing-dawson-not-guilty-1.7144964

Kane Morgan of Dawson City, Yukon, man has been found not guilty of second degree murder in the 2018 death of Kevin Edward McGowan. Morgan was instead found guilty of manslaughter.

03/15/2024

https://www.cbc.ca/news/canada/north/witnesses-dawson-city-murder-trial-describe-what-happened-1.7136562

The first week of a Dawson City, Yukon, man's second-degree murder trial heard from multiple witnesses to the events that took place the night Kevin Edward McGowan was killed in 2018.

03/21/2021

We are currently looking for an enthusiastic individual who is able to provide administrative and clerical support to our small criminal law practice.

Responsibilities of the position include, but are not limited to:

* Performing clerical, administrative, and general office duties;
* Maintaining an up-to-date and well-organized office calendar;
* Receiving and organizing correspondence;
* Organizing and maintaining client files;
* Communicating with clients; and
* Performing administrative duties with respect to accounting, opening and closing client files, billing, etc.

Requirements of the position include:

* Excellent oral and written communication skills;
* Proficient in Microsoft Office Applications;
* Strong attention to detail, with the ability to review and proofread documents and correspondence to ensure compliance with legal procedures and grammatical usage;
* The ability to multitask and work both efficiently and effectively under tight time constraints, as well as the ability to adapt to shifting priorities; and
* The ability to exercise absolute discretion when dealing with sensitive and confidential matters.

Transportation/Travel Information:
Public transportation is available.

While we thank all those who apply for their time, only those who are short-listed will be contacted.

Application deadline: 2021-03-28

12/22/2017

Those who have been charged with domestic assault are very aware of the anxiety, uncertainty and complications associated with the allegation and resulting change.

You are faced with a stay at the police station, bound by conditions which include no contact with your spouse and other restrictions on your liberty. Additionally and most significantly you face a trial and ultimately the risk of a criminal record.

This process becomes especially frustrating when both parties, the spouse making the complaint and the accused are wishing to reconcile. Time is of the essence in such cases and you need immediate legal advice. In 90 percent of such cases we can obtain a quick resolution for you and avoid any criminal conviction.

These types of cases are sensitive and your privacy is assured. We will minimize the number of appearances you have to make in Court and in many cases we can entirely eliminate the need for making a personal appearance.

12/22/2017

Then there are your Charter rights. I will not exhaust you with a full examination of the law. However, I will draw your attention to the following:

• We have the right to be silent;
• We have the right to be advised of the reasons for our detention;
• We have the right to counsel.

I bring these to your attention because these are the parts of the investigation you have control over. These are things you should always keep in mind. Write them down if you have to.

1. Always be courteous and respectful when dealing with the Police.

2. Always ask a police officer you are engaging with “Why am I being stopped? Why am I being questioned?”.

3. Ask the officer, “Do I have to answer your questions?”

4. Insist that you wish to speak to a lawyer.

5. If given the opportunity to speak to counsel, tell the lawyer as much as possible. If you are uncertain of certain facts, ask the lawyer to speak to the officer.

6. If you ever are taken for an interview and asked to tell your side of the story to the police, REFUSE-SAY NOTHING. If the police continue, say you have nothing to say or if you are in an interview, say you want to leave. Stand up and walk towards the door. You, in the latter case are probably being detained which means you are being recorded. Doing as suggested with assist in your defence.

Knowing your rights is the first step to exercising them. Do not try to impress the officer with your knowledge of the law or the people you know. Just resist the urge to talk. Remember and understand that nothing you say to an officer can ever help you in a court of law, however, what you say can and often does hurt you in very dramatic and costly ways.

12/22/2017

If the police engage you in a conversation about an occurrence wherein you are made to feel you are suspected of illegal activity, you probably are in need of legal advice. This could be one of the most stressful situations you have faced. These things happen to other people and now it happens to you.

People react to the stress of police engagement in different ways. On one side of the spectrum of possibilities are those who will be combative and overly protective of their perceived rights and on the other end would be those who, being timid by nature, will be overly compliant and too co-operative.

The combative approach, while defiant and bold, may result in a prolonged and counter productive experience. In other words, what may have been a warning, in say a traffic stop, may now result in a violation ticket which has to be challenged or paid.

The overly compliant individual on the other hand, poses his own set of potential problems. Lets explain these:

1. The police may be investigating something completely unrelated to what you believe. Your words may inadvertently advance that investigation. In other words, what you say may compromise yourself or somebody you are close to.

2. An overly compliant subject may be perceived by police as being willing to consensually permit a search of their persons and the space they occupy. They may find themselves in the uncomfortable feeling of “I have nothing to hide”. However, that same person may also be subject to a search of the contents of their purse, bags, car, home, shop, etc. When asked if you permit such a search, respond by asking “Do you have a warrant? Do I have to submit?”. If the answer is no, exercise your rights and say “No, you may not.”

3. On the other hand, whenever you are stopped while driving, you do have an obligation to produce a driver’s licence and insurance documentation. If asked whether you have been drinking, answer “No” if you have not. If you have been, answer by simply stating “I am sober”. If taken to police station, ensure you are given the opportunity to speak to a lawyer of your choosing. Whenever possible, try and record the initial conversation using your phone.

4. An overly compliant person may say things, which upon reflection, should not have been said. Alternatively, the person may feel he did not adequately explain himself and left out details that he should not have.

So, what is the best approach to encounters with the police? Lets factor in certain agreed principles:

1. Most police officers are honest, hardworking men and women who are committed to their oath as peace officers. However, being individuals, they have their flaws, just as we all do.

2. Police have no obligation in law to always be truthful with you when investigating.

3. You do not have to volunteer any information.

12/15/2017

Individual attention to each case makes a big difference in achieving your desired result and lifting what may be an unnecessary burden on your already stressed life. Our team at Markovitz Law Office can do that for you.

No two people are the same and no two situations are identical. We know that and we will do our best to let you know that.

12/05/2017

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